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CHAIRMAN, NAB vs NASAR ULLAH S — 2022 PLD 497 SUPREME-COURT

Case information

Citation
2022 PLD 497 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
PLD
Parties
CHAIRMAN, NAB vs NASAR ULLAH S
Subject matter
Criminal
Provisions referred to
S. 497---N; National Accountability Ordinance (XVIII of 1999); National Accountability Ordinance; NAB Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

CHAIRMAN, NAB VS NASAR ULLAH S. 497---National Accountability Ordinance (XVIII of 1999), Ss. 9, 10 & 16(a)---Constitution of Pakistan, Arts. 4, 9, 10A & 199---National Accountability Bureau Reference---Bail---Grounds---Delay in conclusion of trial---Whether grant of bail on the ground of delay in the conclusion of the trial was permissible under the National Accountability Ordinance, 1999 ('the NAB Ordinance')---Held, that inordinate or long delay in the conclusion of the trial for no fault of the accused and his protracted detention without determination of his guilt, amount to harassment and abuse of the process of law---Such delay can therefore be a valid ground for releasing the accused on bail and restoring his fundamental right to life and liberty---Inordinate delay in conclusion of the trial of an accused, for no fault on his part, being not envisaged by the National Accountability Ordinance, 1999 ('the NAB Ordinance') would inevitably attract the constitutional protections under Articles 4, 9 & 10A of the Constitution---In such a situation, it is just, fair and equitable that the prosecution (NAB) should not oppose bail, and if it does so, the courts would consider the opposition as unreasonable and grant bail, enforcing the fundamental rights of the accused.

Other judgments reported in 2022 PLD

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